Category «Intellectual Property»

Our exposure to and reliance upon an increasingly ubiquitous range of technology is intertwined with issues related to intellectual property law. With smartphone cameras used to capture and share what their respective creators otherwise claim as intellectual property, to the devices, services and applications that comprise the Internet of Things (IoT), Ken Grady raises significant and as yet unresolved concerns about how the rule of law will be applied in response to the use, and misuse, of AI and digital personal assistants.

The Internet of Things (IoT) has permeated all facets of our lives – professional, family, social – more quickly and expansively than many are willing to acknowledge. The repercussions of IoT are multifaceted – and directly impact issues that span privacy, cybersecurity, intellectual property rights, civil liberties and the law. Law and technology scholar Joshua A.T. Fairfield discusses the ramifications of allowing our environment to be seeded with sensors that gather our personal data using a plethora of devices we now consider to be essential conveniences.

In what became a two part article, Chris Meadows responds to the continuing commentary and rebuttals on the Google Books decision and access to the search engine that remains available to query a huge index of full-text books and access the text of scanned copies of books in the public domain. The second part of Meadows’ rebuttal was prompted by the publication of yet another article, and is also republished on LLRX – Google Books is not Alexandria redux.

Ken Sawdon discusses the implications of copyright lawsuit that was settled in India which had been brought by several large textbook publishers against a photocopying services that created student coursepacks for educational purposes only.

UVA Director of Information Policy Brandon Butler explains the implications of the Copyright Office plan to to issue a total rewrite of Section 108 of the Copyright Act and provides context on such a decision, which protects library and archives’ copying for preservation and research. Libraries and archives have said they do not want this, but the Office seems to be determined to do it. So, a group of Deans and Directors of Virginia university libraries has sent a letter to House Judiciary Chairman Bob Goodlatte (R-VA) to ensure he realizes the controversy and context that surrounds the Office’s proposed changes. If you are a concerned library or librarian, consider writing your representative, especially if they sit on the Judiciary Committee.

3D printing is a growth market – for vendors, consumers, and for public libraries (providing them in combination with maker spaces – “a shared work area where people build things collaboratively.”) Within the sphere of this innovative technology there is growing recognition that 3D printing can produce objects covered by specific particular patents. This new area of copyright infringement is the focus of Alan Rothman’s article.

Bitcoin is a significant disruptive technology with a growing impact on the financial sector and legal sectors, around the world. Alan Rothman expertly educates us on new legislation from Vermont that is intended to move the state towards using blockchain technology for “records, smart contracts and other applications”. One of the key distinctions Rothman highlights is that Vermont is not in any manner approving or adopting Bitcoin, but rather, the state is diversifying and adapting the underlying blockchain technology that supports it.

Examples of the use of visualizations and graphical representations of data and documents in the legal arena are increasing. Alan Rothman’s article includes examples from the public and private sectors as well as academia.

Professor Annemarie Bridy challenges the increasingly common use of mandatory Facebook login for Internet users trying to gain access to a third-party service – including posting comments to news stories, as well as viewing white papers, studies, reports and other documents.

Jonathan Band provides a comprehensive guide to the recent international adoption of the “Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled.” The Treaty is intended to promote the making and distribution of copies of books and other published materials in formats accessible to people with print disabilities. The Treaty would achieve this objective by obligating signatory countries (referred to as Contracting Parties) to adopt exceptions in their copyright laws that permit the making of copies in accessible formats as well as the distribution of those copies both domestically and internationally. This memorandum explains the Treaty’s provisions. The memorandum concludes that Title 17 of the United States Code complies with the Treaty’s requirements, and thus that the United States could sign and ratify the Treaty without making any changes to domestic law.

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